What are you allowed to say and do? FIRST AMENDMENT What are you allowed to say and do? For each scenario, consider the scope of your first amendment right to free speech.

A. You burn an American Flag at Cecil Municipal Park.

B. You wear a t-shirt that says “Don’t Blame Me, I voted for Romney.”

C. You carry a sign in school that says “CM discriminates against Muslims”

D. You start a rumor that a classmate is HIV positive, but she does not have the illness.

E. You state that the theme for Senior Prom is stupid and the person who came up with the idea is an idiot.

F. The Post gazette prints a story explaining how your great grandfather sold “moonshine” during Prohibition, in violation of federal law, creating the family fortune. Your family did not give permission for the story to be printed. The story is true.

G. You wear a t-shirt that says Kiss My Blarney Stone to school. H. You wear the same t-shirt out with friends.

I. You carry a sign in school that shows an aborted fetus (graphically) and says “It’s a Child, Not a Choice.” J. You wear a t-shirt to school with the same image and slogan.

YOU CARRY A SIGN AROUND THE SCHOOL WITH A PHOTO OF A MARIJUANA LEAF, UNDER WHICH IT SAYS “LEGALIZE IT”

NO REGULATION OF CONTENT OF SPEECH * Laws that restrict speech because of its message are unconstitutional * Regulations must be content–neutral * Regulations may not, even incidentally, burden the free flow of ideas to a substantial extent

TIME, PLACE AND MANNER OF SPEECH MAY BE REGULATED Licenses that control the entry and use of “public forums” (parks, street, town square) Regulations designed to limit the undesirable side–affects of expression, such as noise, litter, obstruction to traffic, invasion of privacy, limiting access to certain expressive material are permitted

UNPROTECTED SPEECH Fighting Words: inflicting injury, provoking retaliation, causing breach of the peace Profanity: the “four letter words” Libel (written) / Slander (spoken): false or misleading statements; Truth is an absolute defense Obscenity: contrary to accepted morality; repulsive Lewdness: inciting lust; indecent

Tinker v. Des Moines Students have the right to free speech in school So long as the speech does not cause a “disruption” in school, students can express themselves The protection does not extend to profanity (Bethel v Frasier)

Morse v Frederick Students created a banner and held it during a school event “Bong Hits for Jesus” Court decided that references to illegal drugs can be prohibited by the school (and by extension, schools can probably prohibit alcohol & tobacco references)

You burn an American Flag at Cecil Municipal Park. PROTECTED if burning is allowed

You wear a t-shirt that says “Don’t Blame Me, I voted McCain.” PROTECTED

PROTECTED if true, until it creates a disruption in school You carry a sign in school that say “CM discriminates against Muslims” PROTECTED if true, until it creates a disruption in school

NOT PROTECTED because it’s not true You start a rumor that a classmate is HIV positive, but she does not have the illness. NOT PROTECTED because it’s not true

You state that the theme for Senior Prom is stupid and the person who came up with the idea is an idiot. PROTECTED, opinion

The Post gazette prints a story explaining how your great grandfather sold “moonshine” during Prohibition, in violation of federal law, creating the family fortune. Your family did not give permission for the story to be printed. The story is true. PROTECTED

You wear a t-shirt out with friends that says “Kiss my Blarney Stone” PROTECTED

YOU CARRY A SIGN AROUND THE SCHOOL WITH A PHOTO OF A MARIJUANA LEAF, UNDER WHICH IT SAYS “LEGALIZE IT” Probably NOT protected; drug references are not permitted, although political speech is protected; your speech cannot create a disruption in school